QUESTION
Do I still have to wait years before I can file for bankruptcy?
Asked on May 23rd, 2012 on Bankruptcy - Michigan
More details to this question:
I filed Chapter 7 in 2005 and was discharged before the laws changed. Is there some type of clause that allows me to file earlier since I filed before the law changed? Or do I still have to wait 8 years?
17 ANSWERS
You must wait to file Chapter 7.
Answered on Jun 07th, 2012 at 2:17 PM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Yes, that would be 8 years.
Answered on Jun 06th, 2012 at 11:18 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You still have to wait 8 years.
Answered on Jun 05th, 2012 at 6:30 PM
Eight years. No exceptions.
Answered on Jun 05th, 2012 at 3:23 PM
You are not allowed to file a petition for relief (a bankruptcy case) within seven years of the last discharge.
Answered on Jun 04th, 2012 at 10:11 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you received a discharge less than 8 years ago you are not eligible for another chapter 7 bankruptcy. However, you are eligible for chapter 13 when it is 4 years after your chapter 7.
Answered on Jun 04th, 2012 at 10:08 AM
Barbara A. Fontaine
You still have to wait at least 8 years.
Answered on Jun 04th, 2012 at 8:22 AM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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The provision you are speaking of relates to discharge, not filing. The rules regarding refiling are tricky so consult with an Atty.
Answered on Jun 04th, 2012 at 8:18 AM
Bankruptcy Law Attorney serving Madison Heights, MI
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Able Legal Services, PLC
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To answer your question, yes, you can file bankruptcy immdediately. However, since you are only allowed a discharge every 8 years, then you would have to file a chapter 13. A chapter 13 is a re payment plan that allows you to make payments to your creditors in an amount that you can afford. That amount could be as little as 2%.
Answered on Jun 04th, 2012 at 7:48 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Unfortunately, there is no exemption. You will have to wait 8 years from the filing of the previous Chapter 7. Keep in mind that the date you are looking at is 8 years from the filing of the prior case, not 8 years from the discharge date. An option may be to file a Chapter 13 now and possibly convert your case to a Chapter 7 once you are eligible for a Chapter 7 discharge.
Answered on Jun 04th, 2012 at 7:46 AM
You still have to wait 8 years if you need to file another chapter 7. The waiting period runs from the date of filing, not the date of discharge. The date of filing should appear on the top page of your original petition for bankruptcy. If you can file a chapter 13, then you have already waited long enough. It is 4 years after the filing of a chapter 7 to file a chapter 13.
Answered on Jun 04th, 2012 at 7:45 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is more like 6.5 year, call it 7 to be safe. And in that case you do not need to wait years. There is no type of clause which allows you to file earlier.
Answered on Jun 04th, 2012 at 7:43 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You must wait 8 years to file a chapter 7, but can file a chapter 13 earlier.
Answered on Jun 04th, 2012 at 7:43 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You would have to wait 8 years from the filing of the prior chapter 7 to file another chapter 7. You could file a chapter13 at this time.
Answered on Jun 04th, 2012 at 7:42 AM
Daniel James Wilson
I assume you received a discharge in previous 7. 7 following a 7 8 years 13 following a 7 4 years.
Answered on Jun 04th, 2012 at 7:40 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Unfortunately, you have to wait 8 years until you can file your new Chapter 7. If you are being garnished, you may want to investigate filing a Chapter 13, which could be brief and possibly less expensive than being garnished.
Answered on Jun 04th, 2012 at 7:40 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Wait 8 years or file a chapter 13.
Answered on Jun 04th, 2012 at 7:40 AM